Understanding Limited Dissemination Controls in Controlled Unclassified Information (CUI)
Limited Spread Restrictions in CUI Database
This article provides an overview of the Limited Dissemination Controls (LDCs) as outlined in 32 CFR § 2002.16 for Controlled Unclassified Information (CUI). LDCs are essential for restricting access to CUI to a defined group of persons or entities beyond standard safeguards.
Purpose and Criteria for Limited Dissemination Controls
The primary objective of LDCs is to ensure that CUI is not just generally protected, but its dissemination is restricted to authorized persons who have a "need to know." LDCs are applied when dissemination of CUI needs to be restricted based on factors such as national security considerations, protecting privacy, proprietary, or confidential information, or preventing unauthorized disclosure that could cause harm.
Types of Limited Dissemination Controls
The regulation does not prescribe a fixed list of LDCs but provides a framework. Examples generally include markings or labels on documents indicating limited dissemination, access controls specifying personnel or groups allowed to view or handle the CUI, distribution statements restricting further sharing, and procedural controls such as requiring non-disclosure agreements, security briefings, or special handling procedures.
Implementing Limited Dissemination Controls
Agencies must establish policies and procedures to enforce LDCs. These controls are to be documented and consistently applied. Records of who has access or received the information should be maintained. When disseminating CUI under LDCs, the information must be visibly marked to indicate the controls and restrictions. Recipients must be informed of the limited dissemination nature and be instructed on their responsibilities.
Handling and Safeguarding
Physical and electronic safeguarding measures must align with the LDCs. This includes use of locked storage, controlled access to systems, encryption, and other security measures. Transmission of limited dissemination CUI requires secure means (e.g., secure email, encrypted files, authorized courier).
Decontrol and Reclassification
If the need for limited dissemination no longer exists, the controls can be removed or adjusted. Proper procedures must be followed to document such changes and inform relevant parties.
Accountability and Compliance
Agencies are responsible for ensuring compliance with LDCs. Violations or unauthorized disclosures must be reported and addressed according to agency procedures. Training and awareness are required to ensure personnel understand the significance and requirements of limited dissemination markings.
Additional Information
- Unnecessarily restricting access to CUI using limited dissemination controls is contrary to the goals of the CUI program.
- 'FED ONLY' marking authorizes dissemination to employees of the United States Government executive branch departments and agencies, or armed forces personnel.
- 'DISPLAY ONLY [USA, LIST]' marking authorizes information to be disclosed to a foreign recipient but without providing the foreign recipient with a physical copy for retention.
- Access to CUI is permitted if it abides by laws, regulations, or Government-wide policies, furthers a lawful government purpose, is not restricted by an authorized limited dissemination control, and is not otherwise prohibited by law.
- Only the designating agency may apply limited dissemination controls to CUI. Authorized holders may apply them with the approval of the designating agency.
- Each agency's CUI policy governs specific criteria for the application of limited dissemination controls and control markings, and ensures alignment with 32 CFR 2002.
- Sorting can be done by selecting any column heading.
- Designating agencies may combine limited dissemination controls to accommodate necessary practices.
- Information marked as 'NOFORN' cannot be disseminated to foreign governments, foreign nationals, foreign or international organizations, or non-US citizens.
- Agencies may limit disseminating CUI beyond a lawful government purpose using the listed limited dissemination controls or methods authorized by a CUI Specified authority.
- 'DL ONLY' marking authorizes dissemination only to those individuals, organizations, or entities included on an accompanying dissemination list.
- 'REL TO [USA, LIST]' marking authorizes information to be released only to the specific foreign country(ies)/international organization(s) indicated, through established foreign disclosure procedures and channels.
- 'RELIDO' marking indicates that the originator has authorized a Senior Foreign Disclosure and Release Authority to make further sharing decisions for uncaveated intelligence material.
For more information, reference 32 CFR 2002.16 for a full discussion of limited dissemination guidelines. It is important to note that information marked with 'Attorney-Client' or 'Attorney-WP' is protected by attorney-client privilege or attorney work product privilege, and dissemination beyond the attorney, the attorney's agents, or the client is prohibited unless specifically permitted. Additionally, information marked as 'NOCON' cannot be disseminated to individuals or employers who enter into a contract with the United States.
This article aims to provide a clear and concise explanation of Limited Dissemination Controls in Controlled Unclassified Information. If you require further clarification or have additional questions, please let me know!
In light of the discussed requirements for Limited Dissemination Controls (LDCs), it's essential to recognize that the finance, business, and industry sectors may also benefit from implementing such measures to protect sensitive information. For instance, a company operating within the finance industry might apply LDCs to withhold certain financial data from unauthorized personnel to safeguard trade secrets and maintain market competition. Similarly, a business in the manufacturing sector may use LDCs to guard proprietary information and protect its intellectual property rights. These controls can also prevent unauthorized disclosure of confidential information that could potentially harm an organization's reputation or cause financial loss.
